Application for anticipatory bail under section 438 Cr.P.C. was disposed of. The court directed that in the event the petitioners surrender within two weeks and move for bail, they shall be released on such terms as deemed appropriate by the court.
Direction to surrender within two weeks and move for bail; no immediate anticipatory bail granted.
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ABLAPL No.10677 OF 2018
02. 27.08.2018
The petitioners having been implicated in Gop P.S. Case No.157 of 2017 corresponding to G.R. Case No.244 of 2017 on the file of learned Sessions Judge-cum-Special Judge, Puri for alleged commission of offence under sections 147/148/294/341/323/427/506/354-A/379/114/149 of IPC and section 3(1)(r)(s)(w-1) and 3(2)(v)(a) of SC and ST Act, have filed this application under section 438 of Cr.P.C. for grant of bail in the event of their arrest in the said case.
Learned counsel for the petitioners and learned counsel for the
State.
Learned counsel for the petitioners submits that even accepting the entire F.I.R. allegations, on their face value, all the ingredients for a attraction of offence under section 3(1)(r)(s)(w-1) and 3(2)(v)(a) of the SC & ST (PA) Act are prima facie not satisfied. In view of above, when there remains least scope on the part of the petitioners to flee from justice and the question of tampering the evidence does not arise, he urges for grant of anticipatory bail to the petitioners.
Considering the submissions made and the nature of accusations as emanate from the materials on record in the absence of any such impediment, while being not inclined to grant anticipatory bail to the petitioners, it is directed that in the event of the petitioners surrender before the court in seisin over of the case within two weeks hence and move for their release on bail, they shall be released on bail on such terms and conditions as deemed just and proper by the said court.
Accordingly, the ABLAPL stands disposed of.
Issue urgent certified copy as per rules.
…………………….. D. Dash, J.
Basu
2 issues framed by the court
Whether the petitioners are entitled to anticipatory bail under section 438 Cr.P.C. in offences under the SC & ST (Prevention of Atrocities) Act.
Whether the ingredients of the SC & ST (Prevention of Atrocities) Act are prima facie satisfied based on the FIR allegations.
3 provisions across 2 enactments
Petitioners
State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
